A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed

HOW ODD THAT MASSACRES MOSTLY HAPPEN IN "GUN-FREE ZONES"! When will the brain-dead Left wake up and draw the obvious conclusion? Gun bans kill kids

Friday, May 12, 2017

Peruta Likely to be Heard by the Supreme Court

Rumors are flying that the Supreme Court to hear the appeal to the 9th Circuit decision on Peruta v. California. It makes sense that the Court would agree to hear the appeal now that Justice Gorsuch is on the Court. From scotusblog.com:

There is only one new relist this week – but oh, what a relist it is. Peruta v. California, 16-894, asks whether the Second Amendment entitles citizens to carry handguns outside the home for self-defense – including concealed carry when carrying firearms openly is forbidden by state law. Under California law, openly carrying a handgun outside the home is generally prohibited, but concealed carry is permissible with a license. Applicants for concealed-carry permits must demonstrate “good cause” to obtain a license, which some county sheriffs (the relevant decision-makers) interpret to include a desire to carry a handgun for self-defense. The San Diego County Sheriff, however, defines “good cause” to require a showing of a particularized need for self-defense.

We should know with certainty, in a few days.

The essence of the Peruta decision is that there is no independent right to keep and bear arms outside of the home. The original appeals decision held that because the open carrying of arms was generally prohibited in California, the County Sheriffs could not arbitrarily refuse to issue concealed carry permits. If they were allowed to do so, the right to carry arms outside the home for self defense would be neutered.

In the en banc decision, the Ninth ruled that there was no right to carry arms concealed outside of the home, and ignored the California ban on the open carry of arms.

It is unknown when the Supreme Court will hear the case. Presumably, it will be this year.

It is easy to speculate why the Court would agreed to hear Peruta now. With rumors of another justice leaving the court this spring, this may be the last chance that leftists on the court will have to emasculate the Heller decision.

Justice Kennedy has been the reliable swing vote on the court. If he is replaced by an originalist and textualist justice, strong support for the Second Amendment is likely.

5 comments:

Anonymous
said...

This is one reason I write contentious remarks on this site. It may give someone the argument they need to win in cases like this. If the government were to call up the constitutional militia we could expect in some areas that the local or state police might arrest them for violating local laws. In reality No body needs a permit. To keep and bear is a federally guaranteed right the states have no authority to control. to keep and bear can have no state imposed qualifiers attached to it. It is clear that our rights travel with us where ever we go in this country No one has to take their house with them when traveling, some homes just can not be moved so of course you can carry out side of your home, No one in their right mind leaves expensive guns in the rain to rust some times concealment is mandatory. and it is always optional. Our individual sovereign authority dictates each individuals choice of when, where, what and how to carry to hell with the ignorant bastards that think people are safe every where because they passed the laws that demand it. Only God speaks things into existence. God gave us the right of self defense. No cowardly prick or group of pricks have the right or constitutional authority to infringe on our right to keep and bear. If they do not like it I invite them to individually try to take my guns. the second amendment is one law for the entire country. and Is National Reciprocity. Shall Not be Infringed does not mean to be determined later. or by each party depending on elections. It is a ratified command to enforce the 26 words of the second amendment. if you want different word Ratify an amendment to change them.

Exactly the terms I have lived by for the last 40 years I've been of legal age to own a pistol. FL forbids open carry and allows concealed carry if you ask permission and pay a tax. Those are two things I don't do when it comes to my protected rights as demanded by the second.

Not only is it extremely difficult to get a CCW, but it is very expensive. Very said situation. If it comes to my having to protect my property and family, let the invaders come, I'm ready and so is my family. God bless America!

If you do not have a valid address any where you are not considered a resident, but you are an American citizen, Your rights travel with you, No state has the authority to deny any of your federally guaranteed rights. None of these state laws are valid. Why don't they get the issue settled once and for all? Why don't the gun rights organizations argue these points and stop wasting members money on useless ineffective support of bad laws? answer the rotten attorneys would have to find something else to milk.

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Background

“The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.” -- Thomas Jefferson

Syndicated columnist Charley Reese (1937-2013): "Gun control by definition affects only honest people. When a politician tells you he wants to forbid you from owning a firearm or force you to get a license, he is telling you he doesn’t trust you. That’s an insult. ... Gun control is not about guns or crime. It is about an elite that fears and despises the common people."

The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles -- Jeff Cooper (1920-2006)

Note for non-American readers: Crime reports from America which describe an offender just as a "teen" or "teenager" almost invariably mean a BLACK teenager.

We are advised to NOT judge ALL Muslims by the actions of a few lunatics, but we are encouraged to judge ALL gun owners by the actions of a few lunatics.

Two lines below of a famous hymn that would be incomprehensible to Leftists today ("honor"? "right"? "freedom?" Freedom to agree with them is the only freedom they believe in)

First to fight for right and freedom,
And to keep our honor clean

It is of course the hymn of the USMC -- still today the relentless warriors that they always were.

The intellectual Roman Emperor Marcus Aurelius (AD 121-180) said: "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

How much do you know about Trayvon Martin? Did you recognize him in the picture above? If not you may need to know more about him. It's all here (Backups here and here)

“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” -- Robert A. Heinlein

After all the serious stuff here, maybe we need a funny picture of a cantankerous cat